Wheatland City Zoning Code
ARTICLE III
Supplemental Use and Dimensional Regulations
§ 130-23 Accessory buildings and uses.
A.
In all districts:
(1)
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.
(2)
A private garage may be constructed as a structural part of a main building, provided that when so constructed, the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall not be placed within a required front yard, nor within a required side yard.
(4)
An access driveway may be located within a required yard.
(5)
A required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage or any other use.
(6)
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
(7)
The following shall apply to all forms of animal husbandry except the keeping of animals as household pets:
(a)
All shelters provided for livestock, fowl or furbearing animals shall be at least 100 feet from any property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problems.
(8)
The storage, sale or abandonment of wastepaper, rags, scrap metal or discarded materials or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a junkyard, which is a prohibited use and a violation of this chapter;[1] provided, however, that in an AR-2 District, the storage of agricultural equipment, machinery and vehicles which are used on the premises or are intended for use on the premises shall not, for the purposes of this chapter, constitute a junkyard.
(9)
Dumping waste material and other substances is absolutely prohibited in all districts in the Town except for the purpose of filling to establish grades, for which a permit must be obtained from the Planning Board. The person receiving such permit must keep the material so deposited leveled off as soon as deposited and, when the fill-in is completed, shall cover such materials with at least 12 inches of clean earth within the time specified in the permit.
[Added 8-4-1977]
B.
In residence districts:
(1)
Accessory buildings or structures or off-street parking areas located within a front or side yard shall meet the minimum front and side yard requirements set forth in § 130-11.
(2)
Accessory buildings or structures may be located in the minimum required rear yard, provided that such building or structure shall not exceed 20 feet in height, and further provided that it be set back from any side or rear lot line the minimum distances set forth herein:
[Amended 8-7-1980]
District | Setback (feet) | ||
|---|---|---|---|
AR-2 | 20 | ||
R-16, R-24 | 12 | ||
R-12 | 5 | ||
RA | 10 |
(3)
Accessory off-street parking areas and drives shall be paved in accordance with municipal specifications.
(4)
Any required parking area that has an exit onto a major road shall be required to provide an automobile turnaround.
D.
Solar energy systems.
[Added 8-9-2018 by L.L. No. 1-2018]
(1)
Statement of purpose. This zoning for solar energy subsection is adopted to advance and protect the public health, safety, and welfare of the Town of Wheatland, including:
(a)
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(b)
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and
(c)
Increasing employment and business development in the region by furthering the installation of solar energy systems.
(2) BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM LARGE-SCALE OR UTILITY-SCALE SOLAR ENERGY SYSTEM ROOF-MOUNTED SOLAR ENERGY SYSTEM SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM SOLAR PANEL
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
(3)
Applicability. The requirements of this Subsection D shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair, abandonment and building-integrated photovoltaic systems.
(4)
Solar as an accessory use or structure.
(a)
Roof-mounted solar energy systems.
[1]
Roof-mounted solar energy systems that use the electricity on-site or off-site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
[2]
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
[3]
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
[a]
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
[b]
Roof-mounted solar energy systems that use the energy on-site or off-site shall be exempt from site plan review under the local zoning code or other land use regulations.
(b)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems that use the electricity primarily on-site are permitted as accessory structures in AR-2, R-24, R-16, R-12, SCB, HC, CIP and LI districts.
[2]
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
[3]
Lot coverage. Systems are limited to the lot coverage of the districts in which they are kept. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.
[4]
All such systems in districts shall be installed in the side or rear yards.
[5]
Ground-mounted solar energy systems that use the electricity primarily on-site shall be permitted as an accessory structure unless part of a new site plan application.
(c)
Approval standards for large-scale solar systems. Large-scale solar energy systems are permitted through the issuance of a special exception use permit within AR-2, HC, CIP and LI districts, subject to the requirements set forth in this section and § 130-62.
(d)
No system may be installed in any required green or open spaces.
(e)
Preservation of foliage and woodlots. Woodlots, trees or other foliage may not be removed to install a ground-mounted solar energy system.
(f)
Ground cover will be maintained and mowed.
(g)
Topsoil or subsoil shall not be removed from the site. Sufficient topsoil and soil must remain on site to restore the property when decommissioning. Soil may be used for berming and shielding purposes. Topsoil and subsoil may be brought onto the site; the site plan shall detail proposed site grading.
(h)
The Planning Board may require utility and electric facilities be placed underground.
(5)
Abandonment and decommissioning. Solar energy systems are considered abandoned after 180 days without electrical energy generation and must be removed from the property. For large-scale solar facilities, applications for extensions are reviewed by the Planning Board of the Town of Wheatland for a period of up to 180 additional days, provided such application is made before the expiration of the initial 180-day period. Abandoned systems must be decommissioned in accordance with the decommissioning plan if one was required, otherwise upon order of the Code Enforcement Officer for roof- and ground-mounted systems. If the solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.
(6)
Enforcement. Any violation of this solar energy subsection shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Wheatland.
§ 130-24 Lot frontage.
A.
In all districts except a VB or VI District, the lot frontage at the street line shall be not less than 40 feet.
B.
Reverse lot (flag lots). Flag lots, as defined herein, may be permitted within the AR-2, R-24, R-16 and R-12 Districts, under the following conditions:
[Added 3-6-1997 by L.L. No. 1-1997]
(1)
The parcel of land being developed is of such a shape, size and configuration that the use of a flag lot(s) is the only method of developing the site.
(2)
The access to the parcel of land being developed is such that use of a flag lot represents the only method of developing the site.
(3)
If direct frontage access to a parcel or a portion of a parcel can be provided by an existing or new public or private road, a flag lot shall not be proposed as a means of avoiding such road frontage access.
(4)
Any access strip serving any permitted flag lot shall not exceed 300 feet in length, as measured from the public or private road frontage to the main body of the lot. No portion of the access strip may be counted as a part of the required lot area.
(5)
Single-family detached dwellings are the only type of dwelling unit which can be located on a flag lot.
(6)
The portion of the flag lot which is not the narrow corridor shall meet requirements of the zone with respect to minimum lot area and width and front, side and rear yard setbacks.
(7)
A driveway servicing a flag lot shall be a minimum 20 feet in width, extending from the edge of pavement of any public or private road for a distance of not less than 20 feet from the edge of said pavement into the access strip for the lot, all of which area shall be paved with an all-weather surface meeting the approval of the Town Engineer. The remainder of the driveway serving a flag lot shall be minimum 10 feet in width and, if the access strip exceeds a depth of 200 feet, a ten-foot-by-twenty-foot turnoff shall be provided for vehicle passage.
C.
Special conditions.
[Added 3-3-2016 by L.L. No. 3-2016]
(1)
Where access is provided by a private access road, the lot frontage shall be along the private access road. The private access road must be built to Town standards and with access easements granted and filed required for all lots.
(2)
In multibuilding commercial developments or shopping plazas, the lot frontage shall be the street line. The Planning Board shall be authorized to approve any subparcels or leased parcels for ownership or tax purposes and determine appropriate dimensional requirements. Access shall be provided to the subparcels via a private access road or parking lot with access easements granted and filed for all subparcels.
§ 130-25 Height.
A.
Nothing herein contained shall restrict the height of the following: church spire, cupola, dome, belfry, clock tower, flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower, transmission line or tower or similar structure.
§ 130-26 Yards.
A.
The following accessory structures may be located in any required front or rear yard:
(1)
An awning or movable canopy not exceeding 10 feet in height or an area equivalent to 5% of the required area of the yard in which it is located.
(2)
An open arbor or trellis.
(4)
Unroofed steps or patio or terrace not higher than one foot above ground level, provided that they shall not extend more than 10 feet into a required front yard or more than four feet into a required side yard.
C.
Every part of a required yard shall be open to the sky, unobstructed except for retaining walls and for accessory buildings in a rear yard and except for the ordinary projection of sills, belt courses and ornamental features projecting not more than six inches. Cornices and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters, shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
E.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
F.
In all residence districts, where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings or 25% of the opposite block frontage across the street, the front yard shall be required to exceed the minimum dimension stipulated in this chapter for the district in which it is situated in cases where the average alignment of the two nearest buildings within 200 feet on the same side of the street, if 25% improved or otherwise on the opposite side of the street, exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed, by more than 10 feet, the minimum required front yard prescribed for the district in which such proposed building is situated. The provisions of this subsection shall not apply to the required side yard on the street side of a building on a corner lot.
§ 130-27 Required transitional yards and screening.
In order to assure an orderly and compatible relationship between residence districts and nonresidence districts along their common boundary lines, the following requirements shall be met along such boundaries:
A.
Minimum required transitional side and rear yards within nonresidence districts adjoining residence districts shall be 30 feet.
B.
In a VB or VI District, the minimum required screening within required transitional side and rear yards shall be a six-foot-high stockade-type fence or equal, to be erected and maintained by the nonresidential property owner along the side and rear property lines.
C.
In a SCB, HC or CIP District, the minimum required screening within a required transitional side or rear yard shall be an eight-foot-high, six-foot-wide protective planting strip in accordance with specifications established by the municipality and guaranteed by a letter of credit. This buffer area shall be planted and perpetually maintained with living trees and shrubs and shall have such other grading and landscaping as are necessary to visually and audibly screen the activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like, straight ridges or walls, as determined by the Planning Board during its review of the site plan.
§ 130-28 Courts.
A.
In all districts, the least horizontal dimension of an inner court at its lowest level shall not be less than the larger of the following two dimensions:
B.
In all districts, the least width of an outer court at its lowest level shall not be less than the largest of the following three dimensions:
C.
In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.
§ 130-29 Spacing between buildings.
A.
In the layout for development of a group of garden apartments or other buildings on a lot or tract of land, a horizontal distance of not less than 35 feet or 2/3 the height of the higher building, whichever is the greater, shall be maintained between all main buildings and between main buildings and major detached accessory buildings or groups of accessory buildings, such as a garage compound, having a ground coverage equal to that of a main building.
§ 130-30 Fences, walls and hedges.
A.
In a residence district:
(1)
No fence or wall or hedge within 10 feet of a lot line in a required front or side yard shall have a height greater than four feet.
(2)
No fence or wall or hedge within 10 feet of a lot line in a required rear yard shall have a height greater than six feet.
(3)
The requirements of this subsection do not affect hedges in an Agricultural Rural District.
B.
In a nonresidence district:
(1)
No fence or wall or hedge within 10 feet of a lot line in a required front or side yard shall have a height greater than four feet.
(2)
No fence or wall or hedge within 10 feet of a lot line in a required rear yard shall have a height greater than eight feet.
(3)
The requirements of this subsection do not affect hedges in an Agricultural Rural District.
C.
The height of a fence or wall or hedge shall be measured from the ground level at the base of the fence, except that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further except that any fence or wall or hedge on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections B and C.
§ 130-31 Corner clearance.
On a corner lot in any district except the VB District, within the triangular area determined as provided in this section, no wall or fence or other structure shall be erected to a height in excess of two feet; and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least 10 feet above the curb level, or pavement level where there is no curb, shall be permitted. Such triangular area shall be determined by two points, one on each intersecting street line, each of which points is 50 feet from the intersection of such street lines.
§ 130-32 Minimum residential floor area.
A.
Statement of purpose. The requirements contained in this section are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard neighborhoods; to conserve established property values; and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building devoted in whole or in part to a residential use which is hereafter erected or converted to accommodate additional families shall provide a minimum floor area per family on finished floors with clear ceiling height of not less than seven feet six inches, in conformity with the following schedule and with the other provisions of this section. The minimum stipulated herein shall be deemed to be exclusive of enclosed porches, breezeways, garage area and basement and cellar rooms or areas.
[Amended 8-7-1980]
Minimum Required Floor Area per Family (square feet) | ||||
|---|---|---|---|---|
Zone District and Type of Residence Building | Ground floor one-story dwelling | Total, if more than one story | ||
One- and two-family, detached dwelling, including row- or townhouse: | ||||
AR-2, R-24 and R-16* | 1,000 | 1,300 | ||
RA and R-12 | 800 | 1,000 | ||
Multiple dwelling units, where permitted: | ||||
Efficiency apartment | 550 | |||
One-bedroom apartment | 700 | |||
Two-bedroom apartment | 850 | |||
Additional floor area per each added bedroom | 150 | |||
C.
First-floor area of a dwelling. The minimum first-floor enclosed area of a dwelling, exclusive of garage or other accessory building, shall be 650 square feet, and its least overall dimension shall be 20 feet.
§ 130-33 Minimum required open space and green space.
[Amended 11-21-2019 by L.L. No. 5-2019]
A.
Purpose.
(1)
These regulations are intended to preserve a traditional rural character to the land use pattern in the Town of Wheatland through preservation and creation of open space and less intensive land uses. This Article is not intended as a device for ignoring the Zoning Regulations of the Town, the standards set forth therein, nor the planning concepts upon which the Zoning Ordinance has been based.
(2)
It is the desire of the Town of Wheatland to protect the natural, historic and community resources by promoting open space development within our Town for the purpose of:
(a)
Encouraging the use of Town land in accordance with its character and adaptability;
(b)
Maintaining a small, rural town look, and feel, and village or hamlet appearance where appropriate, in the discretion of the Town of Wheatland Planning Board. Assuring the permanent preservation of open space, agricultural lands, and other natural resources;
(c)
Allowing innovation and greater flexibility in the design of developments;
(d)
Facilitating the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
(e)
Ensuring compatibility of design and use between neighboring properties;
(f)
Encouraging a less sprawling form of development, thus preserving open space as undeveloped land; and,
(g)
Developing an interconnected system of walking and biking trails
B.
Benefits. Open space development has numerous environmental and community benefits, including:
(1)
Reduces the impervious cover in a development. Impervious cover contributes to degradation of water resources by increasing the volume of surface runoff and preventing infiltration of rainfall into the soil surface.
(2)
Reduces pollutant loads to streams and other water resources.
(3)
Reduces potential pressure to encroach on resource buffer areas.
(4)
Reduces soil erosion potential by reducing the amount of clearing and grading on the site.
(5)
Preserves green space.
(6)
Preserves open space for recreation.
(7)
Reduces the capital cost of development.
(8)
Reduces the cost of stormwater management by concentrating runoff in one area and reducing runoff volumes.
(9)
Provides a wider range of feasible sites to locate stormwater BMPs.
(10)
Reduces the cost of future public services needed by the development.
(11)
Can increase future property values.
(12)
Creates wildlife habitat "islands."
(13)
Creates a sense of community and pedestrian movement.
(14)
Can support other community planning goals, such as farmland preservation, walkways, trails, recreation and maintaining a small, rural town look, and feel.
C. 100-YEAR FLOODPLAIN COMMUNITY OPEN SPACE GREEN SPACE IMPERVIOUS COVER NATURAL CONDITION NON-TIDAL WETLAND OPEN SPACE OPEN SPACE DEVELOPMENT RESOURCE BUFFER AREA RIGHT-OF-WAY STREAM BUFFER UNBUILDABLE LAND
Definitions. As used in this section, the following terms shall have the meanings indicated:
The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of 100 years.
The area of open space remaining after natural open space has been designated. The area may be used for passive or active recreation, or stormwater management.
Opens space maintained in a natural, undisturbed or revegetated condition.
Any surface in the urban/suburban landscape that cannot effectively absorb or infiltrate rainfall.
The topography and vegetation of an area that is unaltered by clearing and grading during construction and protected in perpetuity.
Those areas not influenced by tidal fluctuations that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
A portion of a development site that is permanently set aside for public or private use and will not be developed. Open space may be used as community open space or preserved as green space.
A development pattern that arranges the layout of buildings in a compact area of the site so as to reserve a portion of the site for community open space or green space that is protected in perpetuity.
This area is also commonly referred to as riparian buffer. These areas include, but are not limited to forested separation or buffers along creeks, streams and rivers by planting of trees, scrubs, and natural grass or appropriate vegetation with the goal toward moderating flooding, the recharging of groundwater, preventing soil erosion and preserving of improving certain type of wildlife habitat. Consultation with various publications, including those published by the NYS department of Environment Conservation regarding the "Three Zone concept should be done to assure and accomplish the goals stated herein.
The width of a public roadway that encompasses the pavement width, and adjacent land needed for placement of sidewalks, utilities and storm drainage.
A vegetated area bordering a stream which exists or is established to protect a stream system. Alteration of this vegetated area is strictly limited.
The area of a site that includes wetlands and submerged areas, slopes of 25% or more, and the 100-year floodplain.
D.
Application.
(1)
The provisions of this ordinance apply to all development and site plan review for the Town of Wheatland
(2)
The minimum size of an open space development shall be five acres.
(3)
Subdivisions of more than 4 lots from a source parcel from a lot of 100 acres or greater shall require an open space plan.
(4)
Open space is a by-right form of development and shall not require a special exception or additional review.
(5)
Plats registered before the adoption of this ordinance are exempt from the provisions of this ordinance.
E.
Open space requirements.
(2)
Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this article:
(3)
An open space community shall maintain a minimum of 40% of the gross area of the site as dedicated open space held in common ownership. Except as noted in Subsection E(2) any undeveloped land area within the boundaries of the site may be included as required open space.
(4)
All land within a development that is not devoted to a residential unit, an accessory use, vehicle access, vehicle parking, a roadway, an approved land improvement, or, if applicable, a commercial use, shall be set aside as common land for recreation, conservation, agricultural uses, or preserved in an undeveloped state.
(5)
At least 75% of designated open space shall be contiguous, with no portion less than 100 feet wide unless part of a walkway, trail or bikeway.
(6)
At least 50% of designated open space shall be designated as "green space" as defined in Section A and shall be maintained in a natural, undisturbed condition.
(7)
Reasonable effort must be made to locate green space adjacent to green space in an adjoining property(s) to the satisfaction of the Planning Board.
(8)
Limited access to green space may be allowed in the form of a walking or hiker/biker path, the total area of which must be no more than 2% of the total green or open space area.
(9)
The remaining designated open space may be "community space" and may be used for passive or active recreation, or the location of stormwater management facilities.
(10)
If used for stormwater management, all design, construction, maintenance, and public safety requirements shall be met.
(11)
If used for active recreation, impervious cover shall not exceed 5% of this area.
(12)
Allowable structures. Any structure(s) or building(s) accessory to a recreation, conservation or agriculture use may be erected within the dedicated open space, subject to the approved open space plan.
F.
Open space management.
(1)
The boundaries of designated open space areas, recreation areas, stormwater management facilities, and green space shall be clearly delineated on plans, including record plats, and marked in the field with signage approved by the Planning Board if necessary, to distinguish these areas from private property.
(2)
Development in designated open spaces in the future is prohibited. The dedicated open space shall be set aside through an irrevocable conveyance that is found acceptable to the Planning Board, such as:
(a)
Ownership by the individual lot owners as a homeowner's association.
(b)
Conservation easement.
[1]
If owned by a separate entity, a conservation easement shall be established for the area as defined in subsection 3 below and shall be given to the Town of Wheatland.
[2]
A conservation easement, established as defined in subsection 3) below may be transferred to an established, designated land trust organization, among whose purposes it is to conserve open space and/or natural resources. This option is recommended for natural open space areas. Such transfer is allowable, provided that:
[a]
The organization is acceptable to, the Planning Board of the Town of Wheatland and is a bona fide conservation organization with perpetual existence;
[b]
The conveyance contains appropriate provision for proper reverter or retransfer in the event that organization becomes unwilling or unable to continue carrying out its functions;
[c]
A maintenance agreement acceptable to the homeowners association is entered into by the developer and the organization.
[d]
The conservation easement shall:
[i]
Protect open space from future development and environmental damage by restricting the area from any future building and against the removal of soil, trees, and other natural features, except as is consistent with conservation, recreation, or agricultural uses or uses accessory to permitted uses;
[ii]
Dictate whether open space is for the benefit of the owner only, residents only, or may be open to residents of the Town of Wheatland.
(c)
Recorded deed restrictions; or
(d)
Covenants that run perpetually with the land.
(3)
Such conveyance shall assure that the open space "will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:
(a)
Indicate the proposed allowable use(s) of the dedicated open space.
(b)
Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.
(c)
Provide standards for scheduled maintenance of the open space.
(d)
Provide for maintenance to be undertaken by the Town of Wheatland in the event that the dedicated open space is inadequately maintained or is determined by the Town to be a public nuisance, with the assessment of costs upon the property owners.
G.
Continuing obligation. The dedicated open space shall forever remain open space, subject only to uses, construction or maintenance of existing structures approved by the Town of Wheatland on the approved site plan. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities, sewer and septic systems, shall be strictly prohibited.
H.
Regulatory flexibility. To encourage flexibility and creativity consistent with the open space and green space concepts, the Planning Board may grant specific departures from the requirements of the Zoning Ordinance for yard, lot, and bulk standards as a part of the approval process. In projects of 50 acres or more, specific areas may be designated for commercial land uses that serve the open space community. Any regulatory modification shall be approved through a finding by the Planning Board that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. The Planning Board may allow incentive zoning and wetland banks to accomplish green and open space requirements. This includes but is not limited to the Planning Board allowing establishment or extension of green space, open space, walkways (including sidewalks), trails, bikeways in other areas of the Town or contributions to a fund to establish or enhance existing green and open spaces to comply with the requirements of this section. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals. No part of an open space community plan may be appealed to the Zoning Board of Appeals.
I.
Performance guarantee. The Planning Board may require that a performance guarantee, be deposited with the Town to insure completion of improvements.
J.
Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open and green spaces. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the open and green spaces and the residents of the surrounding area. Each phase of the project shall be commenced within 24 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void.
K.
Revision of approved plans.
(1)
General revisions. Approved plans for an open space community may be revised in accordance with the procedures set forth in § 130-33.
(2)
Minor changes. Notwithstanding § 130-33K(1), minor changes to an approved open space community plan may be permitted by the Planning Board following normal site plan review subject to the finding of all of the following:
(a)
Such changes will not adversely affect the initial basis for granting approval;
(b)
Such minor changes will not adversely affect the overall open space community in light of the intent and purpose of such development as set forth in this article; and
(c)
Such changes shall not result in the reduction of open space area as required herein.
§ 130-34 Swimming pools.
[Amended 8-7-1980; 2-1-2007 by L.L. No. 1-2007]
A.
Private pools. Private pools will be allowed in accordance with the Uniform Fire Prevention and Building Code.
B.
Public pools.
(1)
An owner of a public pool is required to post adequate bond set by the municipal legislative body, to ensure proper upkeep and maintenance of the pool and immediate area.
(2)
The pool shall meet all the requirements set forth in this chapter for private pools.
(3)
Public pools shall be provided with adequate Red Cross lifeguards and lifesaving equipment, when in use.
(4)
A renewal permit shall be issued each year by the Building Inspector.
C.
Maintenance.
(1)
It is the pool owner's responsibility to maintain the pool in a safe and sanitary condition. Damage caused by the pool contents or occupants is the owner's responsibility.
(2)
The Building Inspector shall, at his discretion, inspect and file reports with the municipal legislative body. If a pool is maintained below the standards as outlined in this chapter, the municipal legislative body shall notify the owner in writing to bring the pool up to the standards of appearance and safety consistent with the best interest of the community. If the owner fails to take remedial action within 10 days of receipt of such notice, he shall be in violation of this chapter and subject to penalties noted in § 130-75.
D.
Application for permit. Each application for a swimming pool permit shall be submitted to the Building Inspector, accompanied by the following:
(1)
Permit fee.
(2)
Plot plan.
(3)
Pool dimensions, depth and the volume of water in gallons.
(4)
Type and size of filter system, filtration and backwash.
(5)
Pool pump capacity and the pressure or head at filter and backwash flows.
(6)
Waste disposal system.
(7)
A certified check in an amount as set forth on the Town Fee Schedule, which shall be issued by the installer of the pool. The check shall be held by the Building Inspector until he receives verification that plumbing and electrical inspections have been completed, at which time the check will be returned.
§ 130-35 Temporary mobile home permits.
[Added 8-7-1980]
Notwithstanding any provision of this chapter, the Town Board may issue temporary permits for the location of individual mobile homes outside mobile home parks in accordance with the provisions of Chapter 89, Mobile Homes and Mobile Home Parks.